President Cyril Ramaphosa has assented to the National Nuclear Regulator Amendment Bill in a significant move that has raised eyebrows within the energy and defence sectors.
Under the recently signed law, the National Nuclear Regulator is now tasked with overseeing numerous aspects of nuclear safety, including the decontamination of defence facilities and managing the occupational exposure of aircrew to cosmic radiation.
This includes operations for pilots flying below 49 000 feet, a move eliciting mixed reactions among various stakeholders.
The legislative change, while designed to enhance nuclear safety oversight, has sparked serious concerns from independent energy experts regarding South Africa’s nuclear capabilities.
Crown Prince Adil Nchabaleng, an independent energy expert, characterised the implementation of the bill as a “sad day for South Africa’s nuclear capability”
Nchabeleng argued that instead of fortifying South Africa’s position in nuclear technology, the country was regressing, withdrawing from its previous role as a leader in cutting-edge nuclear advancements.
“This Bill will see to the decommissioning of all nuclear facilities, capability and technology of the military. The military is being moved out of the nuclear sector and the State is not playing its role to ensure we have military grade nuclear capability. It is quite concerning that we will lose all capability to make advances such as building submarines and other military capabilities,” he said.
He said the country would lose out of the high enrichment military grade level to only the lower grade enrichment suitable only for research purposes, and that too had not been addressed in the Bill.
“People are excited about this Bill but perhaps because they don’t know what it means. It does not talk of advancing South Africa’s nuclear capacity. It could be because of pressure from the international community or the Just Energy Transition and that is surprising in itself. There is nothing to be celebrated,” said Nchabeleng.
Vincent Magwenya, spokesperson for The Presidency, clarified that the Bill aligned the National Nuclear Regulator Act of 1999 with contemporary international regulatory practices as determined by the International Atomic Energy Agency (IAEA).
As a founding member of the IAEA, South Africa’s commitment to nuclear safety has been a long-standing diplomatic posture.
Magwenya further noted that the Amendment Bill enhanced the duties of the National Nuclear Regulator, facilitating decontamination, decommissioning, and the eventual civilian use of certain military properties.
Yet, despite these apparent advancements, critics argued that the Bill fails to bolster South Africa’s international standing in the field of nuclear technology.
Nuclear activist Peter Becker said the biggest issue with the National Nuclear Bill was the minister that was responsible for the regulator.
Becker said that according to 1996 Convention on Nuclear Safety, which was ratified by Parliament, the nuclear regulator should be free of influence from any government body that promotes and utilises nuclear energy.
“South Africa has failed spectacularly to do that as the Minister for Mineral Resources and Energy used to be the sole person responsible for appointing the Board and CEO of the National Nuclear Regulator, now it has been shifted to the Minister of Electricity and obviously Ramakgopa is involved in utilising and promoting nuclear power,” Becker said.
“The Nuclear Amendment Bill fails to rectify this.”
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